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(영문) 대구지방법원 의성지원 2013.04.18 2013고단44
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 26, 2007, the Defendant was issued a summary order of KRW 1.5 million by a fine of KRW 1.5 million by committing a violation of the Road Traffic Act in the Seo-gu District Court’s branch branch on November 26, 2007, and a summary order of KRW 2.5 million by the same court on April 1, 2008 due to the same crime.

Around 22:00 on January 22, 2013, the Defendant driven a vehicle of approximately 2 km B 1 ton, with the trade name located on the bewing side of the Gansung-gun, in which the trade name in the bewing side of the Gansung-gun cannot be known, at around 0.136% of the blood alcohol content.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, without purchasing an automobile mandatory insurance policy, operated the cargo vehicle at the location of the preceding paragraph.

Summary of Evidence

【Fact of Paragraph 1 at the Time of Sales】

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Inquiries, inquiries, and investigation reports (Attachment of related judgments) (Article 2 (2) at the time of printing);

1. Second protocol of interrogation of the accused by the police;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 148-2 (1) of the same Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the operation of vehicles which are not mandatory insurance and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the above two crimes) among concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is that the defendant drives a vehicle without mandatory insurance under the influence of alcohol, and the nature of the crime is not less severe, the defendant is under the influence of alcohol even though he is subject to criminal punishment several times due to drunk driving, and driving under the influence of alcohol.

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